On September 30, 2015 a Motion-Secondary was filed involving a dispute between Konami, Kim, and Davani, Aryan, Davani, Delilah, Davani, Mahmood, Davani Marble, Inc., Does 1 To 25, Dunnell, Kevin F., Kentridge, George, Kontridze, George, Metz, Daniel C., Miller, Alex S, Miller, Greg, Nilsen, Annika, Rodriguez, Annika Kristin Loenseth, Van De Hey, Chad, Weiss, Susan, Wyk, Tamra Van, Yee, Carol, Yee, David Shawn, Yee, Jayne Y., Zarrabi, Ida, Zelda Management, Zelda Management, Inc., Department Of Motor Vehicles, for civil in the District Court of San Francisco County.
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15 16 17 18 19 Neal H. Konami, Esq. (SBN 111730) ELECTRONICALLY Attorney at Law 1050 Hyde Street 7 a D - San Francisco, CA 94109-4917 Lp ourt of Californt Telephone: (415) 274-0956 Gajos/ soi Email: nhk111730@sbeglobal.net 08/22/2016 Attorney for Plaintiff, hae KIM KONAMI Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION KIM KONAMI, Case Number: CGC-15-548211 Plaintiff, MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION TO AMEND COMPLAINT TO SUBSTITUTE TRUE NAME FOR DOE 10 DEFENDANT [CCP Sections 474 & 473(a)(1)] vs. ARYAN DAVANL, GEORGE KONTRIDZE, DANIEL C. METZ, TAMRA VAN WYK, KEVIN F. DUNNELL, ANNIKA NILSEN, & DOES 1 TO 25, Hearing: September 23, 2016 @9:30am Place: Department 501 [HOUSING] 400 McAllister Street, Defendants. San Francisco, CA 94102-4512 Seer STATEMENT OF FACTS Plaintiff KIM KONAMI, and her attorney were ignorant of the roles, identities and true names of all of the Defendants, as well as all of the relevant facts rendering each of them liable, when the Verified Complaint was filed on September 30, 2015. The Complaint therefore included fictitious names “Does | to 25.” And only after the Complaint was filed did the Defendant’s role and true name become known and determined to be DELILAH DAVANI. -l- MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION TO AMEND VERIFIED COMPLAINT TO SUBSTITUTE TRUE NAME FOR DOE 10 DEFENDANT (Case Number: CGC-15-548211)15 16 17 18 19 LEGAL ARGUMENTS Code of Civil Procedure Section 474 applies to the above case facts. By specifically designating or naming the unknown names of defendants using fictitious names “Does 1 to 25”in| her Complaint, Plaintiff effectively enlarged her statute of limitations period as to unknown defendants for the applicable 3-year period. Benson v. Browning-Ferris Industries, Inc. (1994) 7 Cal.4"926, 932. And Section 474 goes on to require the amending of the Complaint to substitute the Defendants’ true names, and as specific prerequisite to the entry of default or default judgment. Regarding overall due process, and notice to adverse parties in particular, Plaintiff complied with Code of Civil Procedure Section 473(a)(1) by serving all of the other named defendants who have responded to the lawsuit to date. CONCLUSION For all of the reasons stated above, the Court should now grant Plaintiffs motion since there are no material facts in dispute, notice has been provided, and Plaintiff is entitled to now amend her Complaint as a matter of law. Plaintiff hereby respectfully requests a Court Order allowing Plaintiff to substitute the true name of Defendant DELILAH DAVANI for fictitious name DOE 10, and wherever it appears in the Verified Complaint, and subsequent case pleadings. Dated: August 22, 2016 /s/ Neal H. Konami, Esq. Neal H. Konami, Esq. (SBN 111730) MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION TO AMEND VERIFIED COMPLAINT TO SUBSTITUTE TRUE NAME FOR DOE 10 DEFENDANT (Case Number: CGC-15-548211)